Respondent challenged CAT order granting post-superannuation promotion and benefits. Court dismissed petition noting promotion allows notional promotion and consequential benefits to past retirees.
None. Writ petition dismissed with no costs.
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5-WP-5210-2023
Pdp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 5210 OF 2023
Union of India & Ors. .. Petitioners
Versus
Pushpa A. Dethe W/o Shri Ashok R. Dethe
.. Respondent
Mr. R. R. Shetty a/w Mr. Niranjan P. Shimpi for petitioners.
CORAM: S. V. GANGAPURWALA, ACTING CJ. & SANDEEP V. MARNE, J.
DATE: APRIL 24, 2023
P.C.:
1. The petitioners assail the judgment of the Central Administrative Tribunal. The respondent has filed original application before the Tribunal claiming promotion. The Tribunal allowed the same. Aggrieved thereby, present writ petition.
2. Mr. Shetty, learned counsel for the petitioners, submits that the present respondent had retired and after her superannuation, the promotion could not have been granted. The promotion is granted to the higher post to a person who is in service. The Tribunal has failed to consider the said aspect.
3. The DPC was conducted after the present respondent had superannuated and the DPC found the respondent eligible for the promotion. In that view of the matter the present respondent is granted notional promotion and consequential
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5-WP-5210-2023
benefits arising therefrom. The Tribunal has not committed any error while passing the impugned order. The respondent could not have been deprived of the benefits only because DPC was conducted subsequently.
4. In the light of that, writ petition is disposed of. No costs.
(SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE)
Digitally signed by PRAVIN PRAVIN DASHARATH DASHARATH PANDIT PANDIT Date: 2023.04.25 10:45:09 +0530
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1 issue framed by the court
Whether post-superannuation promotion claims by a retired employee can be upheld with consequential benefits.
Union of India
Pushpa A. Dethe
S. V. Gangapurwala
Sandeep V. Marne
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
